This site is devoted to copyright and issues of 'intellectual property,' particularly the issue's analytical aspects. It also concerns itself with the gap between public perception and the true facts, and with the significant lag time between the coverage on more technical sites and the mainstream press. For site feed, see: To see the list of sites monitored to create this site, see:

Wednesday, March 30, 2005


A case of missing royalties?

TiVo's continuing decline.


Charts of distributed knowledge evolving.




rejects one-sided copyright reform.


And again: Japanese study by
Tatsuo Tanaka of Keio U. shows that P2P has no effect on sales.

very condensed summary of Grokster.
Good account
of Grokster.

Pew data, interpreted as a shift from P2P to legal services.
an overly-simplistic picture, but it has considerable relevancy to
Grokster: if consumers really are responding to individual lawsuits,
then why is secondary infringement even necessary?



Tuesday, March 29, 2005

First Grokster-day post...

Was lost due to a Blogger malfunction. I'll try to reconstruct it later.
The one critically important link:
Japanese study shows no link between P2P and music sales.


Sunday, March 27, 2005

Cuban on Grokster.
Grokster. Grokster. Grokster. Grokster.

Google the infringer.

DMCA-like law rejected in Canada.

MP3 Pez player. The Altoids tin, a model of unhampered tinkering, was the inspiration.

BT SNIU questioned.

Orphan works.

When technology changes the game, do old rights suddenly become new, even when left unchanged?

Australia Kazaa trial.

Penn's Spring Fling band has enlightened views on filesharing.


Thursday, March 24, 2005

More patent issues over AIDS drugs.

An unexpected champion of exploiting disharmonized nations' IP regimes.

I've been requesting a feature to group tracks by work for years, and now the WSJ is writing about it. The rest of the article's about iTMS and classical music though, so it's relevant.

Stopping free flow of information on the 'Net appears difficult, even when P2P technologies aren't used.

Yahoo adds CC search. If content controllers were serious about enforcing the rights they say they want, then something like this should be encouraged. Right now, everyone takes pictures and uses them in presentations, etc. By encouraging only free use of free content, they would encounter less resistance to future efforts.

Google begins removing AFP content.

Pew study on filesharing. And from a more reputable source, with interesting numbers.

Profits v Progress.

Latest sales data out for recording industry used to justify the one and only conclusion that could possibly come out of such data: piracy is bad.


Remove DRM, free market ensues?

Canadian copyright reform appears largely positive.

Panning for gold.

Large position paper by coalition of consumer groups in favor of Grokster.

A Dilbert for good luck.

Kazaa Australia case summary on its final day.


Tuesday, March 22, 2005

Copyright a yoga move.

Wired does P2P. Again.

British TV station offers downloads. Forward-looking in some respects, antediluvian in others.

Apple closes iTMS loophole; DVD Jon reopens.

More on Google.

Consumer groups publish 80+ page document on RIAA practices.

GNAB, the Bertelsmann P2P service.

Another artist predicts end of industry. It comes back to the central points of what the RIAA members do: marketing, distribution, recording, and a strange form of financing. They've never really done much marketing, and Clear Channel and the like do more anyway. Distribution has gone entirely digital. Recording can now be accomplished extraordinarily inexpensively. The financing for marketing, distribution, and recording can certainly be had from other sources, but we may see the industry shift towards this factor, as presumably they are the best at predicting future hits and thus solvent lendees. Although a revolution in song-picking could lead to a start-up taking over this function.

U.S. Justice Department's IP analysis.

Copyright expiration spurs innovation. Exactly why increasing terms beyond a certain length does not spur innovation.



Monday, March 21, 2005

Win for Right to Repair--DMCA cannot be overinterpreted.

New DualDisc format begins shipping.

World's biggest infringer launches latest legally-volitile product.

Another big step for open-access journals.

AFP sues Google News. A rehash of the right-to-link cases endemic to the early Internet, or something new?

BBC on the perils of DRM.

More on the Cornell solution.

ALA challenge to the Broadcast Flag.

New Pay P2P.

More Future of Music series.

Rethink(ip) blog.

Orphan works comments by Townsend.

The real pirates.

More on the feasibility of studio recording with out the labels.

Radio station increases playlist.

More on Hatch/IP Committee.


Friday, March 18, 2005

New iTunes DRM circumvention. It's been widely reported that this un-DRMs the files, but what it appears to do is download the file from Apple directly, not through iTunes. Apparently Apple is doing DRM on the local computer.

P2P network spam filter. OverPeer not impressed with the efficacy of filters, ironically. Which brings us to this comment about adopting the other side's arguments.

Distributed campaign for Fiona.

Hatch heads Senate IP subcommittee.

Free(er)-market in set-top boxes is not further off.

Another Berkman conference.

EFF's SNIU countdown to Grokster. And the Endangered Gizmo list for good measure.

Better analysis of the Trademark Dilution Act referenced earlier.

Nice legal charts on Grokster.


Thursday, March 17, 2005

There are two interesting and related items I've run across recently. One is the growing opinion that BitTorrent has the vast majority of SNIUs of any piece of software out there, and they're probably right, at least from what I can find. See, for instance, , which argues that the result of Grokster may very well be more INDUCE-like proposals (INDUCE wanted to make it illegal to induce infringement via services like Grokster, even if the court case goes their way). But, barring any INDUCE-like options or Grokster, the recourse left will be to go after the people actually doing the infringing, which is where the second item comes in:
Some Australian BitTorrent site operators are closing down in response to the raid of one provider. This is interesting for a few reasons. First, it's BitTorrent, which, as I mentioned above, appears to be immune to Groksteresque lawsuits (it was also not written by a corporation, and thus there's not really anyone to sue, and it's open source, so no matter who they sued, the software could continue to be developed). This would seem to hint that my general guess--that a decision affirming Grokster would lead to an increase in the campaign against individual sharers. Second, BitTorrent networks are more centralized than those in Grokster et al., requiring a central server called a tracker. This tracker is what makes BT ultimately more sueable in a hypothetical post-Grokster world, as fewer end-users have to be sued. It remains to be seen whether the trackers will be vulnerable to a legal attack. In the US such cases have only ended in settlements, not in decisions.


Grokster. Grokster.

US Government to apply DRM to public documents.

Snocap brings in indies.

DMCA analysis.

Sony DRM incompatible with own devices. Yet another example of a company conflicted from the prime case study, Sony.

Trademark law loosened.

FCEA expected to pass. Seems like it has carveouts for specific things that are good, but it's always unfortunate and never good for innovation to see such exemptions decided in the slow, cumbersome legislative process.

BT +Grokster=INDUCE?

iTunes DRM tightens.

TV show about the piracy backbones.

Australian BT sites close. Net bandwidth drops dramatically, as one would expect as everyone moves to more private (and thus slower) and less centralized networks.

DRM in mobiles.


Online launch of NBC show.

University actually asks its students whether or not they want to pay for music downloads.

Napster v. iTMS.

Entrepreneur makes $100/iPod off of public works. Article unclear about how much the content creator gets.

Viral marketing SNIU.

Metcalfe's law refuted. Interesting concept for P2P networks, and closely parallels the observations about super spreaders.

WaPo on SNIUs.


Tuesday, March 15, 2005

European raids.

Orphan works.

Shady practices over at Kazaa.

Confusion in Marvel copyright case.

Fair Use.

First Sale Doctrine and DVDs.

Music industry gets creative in its marketing.

BT too good to quash.

Canadian jurisprudence.

There's only one way to win and many ways to lose.


European raids.

Orphan works.

Shady practices over at Kazaa.

Confusion in Marvel copyright case.

Fair Use.

First Sale Doctrine and DVDs.

Music industry gets creative in its marketing.

BT too good to quash.

Canadian jurisprudence.

There's only one way to win and many ways to lose.


Saturday, March 12, 2005

French ruling avoids 'double taxation.'

Village Voice account of what it's like to be sued.

Analysis of Spyware in P2P.

Proposed state sales tax on downloads. I'm pretty sure if you buy a boxed piece of software it's taxed but if you download that same piece of software there's no tax. Of course, no one pays taxes on Internet purchases anyway.

Broadband to kill off DVD? Not any time soon, I should think.

Analysis of video on the internet and the mistakes being made.

Discussion on two of my favorite paranoid books.

More armchair analysis on pricing.

MS buys Groove, already on .

Comic remix.

House subcommittee on S115 of copyright act.

Patents, profit, and freedom.


Judge throws out Marvel suit.

Unusual copyright suit may result in burning all recordings.

MS calls for patent reform.

Royalty disbursement issues.

Copyright/public domain chart.

Interesting bit of potentially-infringing technology.

Passionate about filesharing.


Wednesday, March 09, 2005

BT updated. Changes include a new program for generating .torrents which should make it easier to use BT for SNIUs.

Low-margin, high-volume strategy apparently endorsed by some UK industry groups.

National exhaustion.

BT not sued because it's open source? Given the current litigious climate, I'm more inclined to think they just are waiting to see how Grokster goes.

French DMCA harms security.

AZ code disallows Fair Use.

Scary German anti-Piracy poster.

Orphaned Works examples.

P2P Supreme Court hearings.


Tuesday, March 08, 2005

TV piracy.


The Facebook adds filesharing. Potential SNIUs here.

Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster. Grokster.

Despite predictions of gloom, CD sales increase.

Long Tail/Lessig.

SBCPA strikes again. Pretty dramatic illustration of the 20-year hole in the public domain created in 1998.

Comment on proposed online price hike.

How music came to be viewed as property.

Ringtones changing. Rip-your-own solution seems ideal, and is just the sort of thing the industry has been opposing for awhile. Can't do this if your CD is copy protected....


BitTorrent SNIU.

Another step towards a less anonymous Internet.

Digital movie festival, courtesy of Kontiki P2P. SNIU

EU goes ahead with software patents after all. survives due to loophole in Russian copyright law.

Seattle Times on BitTorrent SNIU.

Patent fishing for iTMS monies.

802.11s: Wireless 'mesh' networking. SNIU of the conceptual variety.

Podcasting changes radio. "But the fight for profits will be ferocious."

A Slashdotter asks the question asked many times in the years between Napster 1.0 and iTMS: If trading shows is illegal, why can't you buy them online?

A continuing trend in software patents: make them free for noncommercial use. This is one possible future for music that the RIAA would not like to see, and it's unlikely to happen until consumers refuse to pay for music in the same way that OSS projects simply write their own alternatives.


Thursday, March 03, 2005

Link dump

Wednesday, March 02, 2005

Interoperable DRM.

Music download prices to rise.

Music copyright issues prevent release of TV shows.

Apple claims infringement, eBay jumps.


Peer-to-peer network?

Short history of cellphone ringtones.

Mercora interview.

WB does old releases right. It's nice to know that a sole company will at least make something of its profits on movies long-ago paid for, movies not in the public domain only because of the SBCEA.